STATE OF FLORIDA ON THE RELATION OF WEST FLAGLER ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, RELATOR,
v.
BOARD OF BUSINESS REGULATION OT THE STATE OF FLORIDA, ET AL., RESPONDENTS
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This Court issued its Alternative Writ of Mandamus and Rule Nisi in Prohibition in this cause. Response and return thereto have been filed by the respondents together with their respective briefs and oral argument has been heard.
That in full consideration of the foregoing this Court is of the opinion and so hold that there is no legal basis shown for the issuance of a Preemptory Writ of Mandamus in said cause in that the act sought to be coerced is discretionary and not purely ministerial and therefore the Alternative Writ heretofore issued is hereby discharged.
It appearing from the record that the Board had completed the action prayed *678to be prohibited, prohibition will not lie and the petition therefor is hereby denied.
JOHNSON, C. J., and WIGGINTON, J., concur.
SPECTOR, J., dissents.
dissenting:
I respectfully dissent from the opinion of the court for the reasons set forth in my dissent in Biscayne Kennel Club. Inc. v. Board of Business Regulation et al., 239 So.2d 53, filed August 31, 1970.
SPECTOR, Judge,
dissenting:
I respectfully dissent from the opinion of the court for the reasons set forth in my dissent in Biscayne Kennel Club. Inc. v. Board of Business Regulation et al., 239 So. 2d 53, filed August 31, 1970.
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W. Flagler Assocs., Ltd. v. Bd. OF Bus. Reg., 241 So. 2d 369 (Fla. 1970)…ADKINS, Justice. By petition and cross-petition for cer-tiorari, we have for review decisions of the District Court of Appeal, First District, in State ex rel. West Flagler Associates, Ltd. v. Board of Business Regulation et al., 238 So. 2d 677, (case No. 0-22, op. filed August 31, 1970), and in Biscayne Kennel Club, Inc. v. Board of Business Regulation et al., 239 So. 2d 53, (case No. 0-38 op. filed August 31, 1970), which allegedly conflict with prior decisions of this Court on the same…1 / 2
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Biscayne Kennel Club, Inc. v. Bd. OF Bus. Reg. of the State of Fla., 239 So. 2d 53 (Fla. 1st DCA 1970)…he action of the Division and of the Board should be set aside or reversed, but in the brief filed here, Flagler insists that the proper remedy was by mandamus or prohibition, as claimed by it in its petition filed in this court as case number 0-22, 238 So. 2d 677. It further states, however, that if this court should hold that its mandamus or prohibition were not proper, the same relief requested by Biscayne should be granted Flagler based upon the merits which are the same in both cases. We think the case…1 / 2
Authorities Cited
- Biscayne Kennel Club, Inc. v. Bd. OF Bus. Reg. of the State of Fla., 239 So. 2d 53 (Fla. 1st DCA 1970)